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Personal Dispute: Will I have to go to Court for my Professional Negligence claim? The majority of professional negligence claims can be resolved directly with professionals or their insurers without the need to issue Court proceedings. Even when proceedings are issued the majority of claims settle before the matter reaches a trial.

What do I have to prove when making a Professional Negligence Claim? In order to bring a successful Professional Negligence Claim you will need to demonstrate the following:- Duty of CareThat the professional had a Duty of Care. If there is a contract or retainer between you and the professional this is often easy to prove. Even if there is no contract it is still often easy to demonstrate that…

Personal Dispute: How long do I have to make a Professional Negligence Claim? The usual limitation period and starting point in most professional negligence cases is six years from the date of the negligence.However, if you only became aware of the loss and damage at a later date this could be extended. In those cases the limitation period is three years from the date of knowledge of the facts which…

Personal Dispute: What professionals can I make a claim against? A professional is a person who is considered to have particular expertise and skills in the services they provide.Examples of professionals you may be able to make a claim against include:- Accountants- Financial advisors- Solicitors- Barristers- Surveyors- Builders- Engineers- Architects- Insurance brokers- Professional trustees

Personal Dispute: What is Professional Negligence? You may consider that you received bad advice or that you did not achieve what you set out to achieve. Professionals are duty bound to provide their services to a required standard. If you instructed a professional and they failed to fulfil their role to that required standard you may be able to bring a claim against them if you suffered a loss as…

Business Dispute: Should I have a written partnership agreement? Yes. In the absence of a written agreement there’s the risk of argument as to what was agreed between the partners, and the law can impose things which you would otherwise never have intended.The costs of trying to fix a problem will be significantly more expensive than having a proper agreement in place at the outset to minimise the risks of…

Business Dispute: My business partner has signed us up to a contract I don’t agree with. Are we bound by it? Probably yes – a partner has the ability to bind the entire firm.However, if you think the contract shouldn’t have been entered into – or you have a written partnership agreement which would limit the ability to enter into contracts of a certain value unilaterally – you might have…

Unless otherwise agreed, partnership assets can only be used for the business of that partnership.

A written partnership agreement is the governing document which sets out what you can and can’t do, and how to do it. If you don’t follow those terms you will be in breach, regardless of how bad the other partner’s conduct was.

The legal process to wind up a limited company may seem as a straight-forward technical process.